A PAPER PRESENTED TO THE COLLEGE OF LAW POLYTECHNIC UNIVERSITY OF THE PHILLIPINES Mabini campus, Sta.

Mesa, Manila

A CRITICAL ANALYSIS OF RESTORATIVE JUSTICE IN THE PHILIPPINES: A PAPER IN SOCIOLOGY OF LAW

SUBMITTED BY:

EMMANUEL S. CALIWAN

JURIS DOCTOR 2013

A CRITICAL ANALYSIS OF RESTORATIVE JUSTICE IN THE PHILIPPINES: A PAPER IN SOCIOLOGY OF LAW EMMANUEL S. CALIWAN

The conditions of present-day existence are such that those interested in justice must deal with the plurality of societies, with their different and at times incompatible cultures of legalism and various other social practices. This universe of communities provides a sizable sample for testing any theory of justice, which in turn serves as a standard for adjudicating whether a particular community complies with a general conception of a just society. 1
- Florin T. Hilbay

Our Justice system is pervaded by notion of punishment for an individual who incur a wrong in relation to our penal law. Be the crime or felony a personal one. We are pervaded by the notion that anything that violates the penal law is an offense to the state and not to the individual duly affected per se.

Florin T. Hilbay, Book Review, Its an Idea, Not a Theory: Review of Amartya Sens The Idea of Justice, 86 PHIL. L.J. 753, (page cited) (2012).